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RSA-4624-2017 (O&M)

[269] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

RSA-4624-2017 (O&M)

Date of Decision : 01.04.2026

Gram Panchayat of Village Gehri Devi Nagar Alias Gheri Bhagi, Tehsil and District Bathinda

through its Sarpanch Gurbachan Singh …Appellant

versus

JagmannInderjit Singh and others ….Respondents

Coram : HON’BLE MR. JUSTICE PANKAJ JAIN

Present: Mr. Onkar Rai, Advocate for the appellant.

None for respondent No.1.

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PANKAJ JAIN, J. (ORAL)

[1] Gram Panchayat is in appeal.

[2] For convenience, parties hereinafter are referred to by their original position(s) as in civil suit, i.e. appellant as defendant No.1 and

plaintiff as respondent No.1.

[3] Plaintiff filed a suit asserting his possession as a tenant at Will over the suit land owned by Jumla Mushtarka Malkan. The suit was

dismissed by the court of first instance.

[4] Unsuccessful plaintiff preferred appeal. The same has been allowed vide impugned judgment and decree. Appellant-Panchayat has been restrained from dispossessing plaintiff from the suit land except in due

course of law. RAJNEESH SHARMA

2026.04.07 17:02 I agree to specified portions of this document

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RSA-4624-2017 (O&M)

[5] Counsel for the appellant during the course of argument brings to the notice of this Court that the Panchayat initiated proceedings under Section 7 of the Panchayat Village Common Lands (Regulation) Act, 1961 seeking eviction of the plaintiff. Application filed by the Gram Panchayat under Section 7 was allowed. The plaintiff preferred CWP-395-2013 before this Court. Division Bench of this Court vide Order dated 02.05.2013

disposed off the writ petition, observing as under:-

“We have heard counsel for the parties. The land in dispute is admittedly Jumla Mushtarka Malkan. The land described as Jumla Mushtarka Malkan is not included in shamlat deh under any provision of the 1961 Act and as held in Surti @ Surat Singh (supra), a Gram Panchayat could not file a petition under Section 7 of the 1961 Act for eviction from land that is described as Jumla Mushtarka Malkan. The writ petition is, therefore, allowed, the impugned orders are set aside with liberty to Gram Panchayat to file a fresh petition, under the Punjab Gram Panchayat (Common Purposes Land) Eviction and Rent Recovery Act, 1976 or under the Public Premises and Land (Eviction and Rent Recovery) Act, 1973. In case such petition is filed, it shall be considered and decided within three

months.”

[6] During arguments counsel informed the Court that pursuant to the Order dated 02.05.2013 passed by the Writ Court, proceedings under the 1976 Act read with 1973 Act were initiated against respondents. The order

of eviction was passed.

[7] In view thereof, this Court finds that once Panchayat has already resorted to eviction proceedings against the plaintiff in terms of Order dated 02.05.2013 passed by the Writ Court, there is no need to

RAJNEESH SHARMA

2026.04.07 17:02 I agree to specified portions of this document

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RSA-4624-2017 (O&M)

entertain the present appeal. By way of impugned judgment and decree, the Gram Panchayat has been restrained from dispossessing the plaintiff except in due course of law. Once the appellant has already resorted to due course

of law, no order is required to be passed in the present appeal.

[8] With the aforesaid observations, the present appeal is disposed

off.

[9] All pending miscellaneous application(s), if any, stands

disposed off.

(PANKAJ JAIN)

JUDGE

01.04.2026 ‘R. Sharma'

Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No

RAJNEESH SHARMA

2026.04.07 17:02 I agree to specified portions of this document